jeffreyhy

Remember also that if you are over the 90 days of your VWP admission then you can still return to the UK ad apply for an immigrant visa.

Regards, JEff

cmc87

Is it ok to keep this thread updated with my progress, or is there an alternative area on the site?

My case status for my 1-485 updated to RFE. I suspect it's for the medical since I didn't send it with my original package. I went and had my medical today and I had to get a few jabs and the TB test. Paid $270 and have to go back in 2 days to have the test checked.

A couple of questions, I didn't have any sort of physical exam, or even really a chat with any doctor. I saw a nurse who administered the shots and took my blood pressure, temps, asked some generic health questions. The doctor only came in to sign something, and asked me four times if I was pregnant, because I have the perfect 'pregnancy temperature'. It was quite amusing, because I'm definately not, but she was very persistant on the fact. I'm guessing that isn't the norm?

jeffreyhy

I suspect that you may be correct. I also think you're lucky that USCIS didn't just send the application package back to you when you first submitted it, because it was clearly incomplete. Don't know if it's the norm or not - I've never been asked that question. Regards, JEff

cmc87

My 90 day limit was approaching, I decided to take the risk. As soon as I saw the RFE online I booked my appointment so I can send the medical form off as soon as the paper one comes in the post.

I also have my biometrics at the end of the month.

Considering I only sent my package off two weeks ago, I've had a lot of activity. I'm hoping this means good things, although it could also mean a really long wait till interview .

It was transferred to NBC, not sure if that makes any difference in the timeline of things.

jeffreyhy

The activity you've experienced is 'up front' activity, before the case file goes into the queue waiting to be acted on. It's not an indication of how long or short that queue might be at the present time.

Regards, JEff

Noorah101

The thing is, USCIS won't consider you having a "properly filed" AOS until they receive the answer to their RFE (in this case, your medical results). Only then will you have a complete, properly filed AOS case, and USCIS can continue processing.

So, even though you mailed off your AOS within 90 days of your arrival on the VWP, you filed an incomplete package. Which means according to USCIS, your AOS won't be properly filed until after your 90 days were finished.

It probably won't affect you, but wanted to point out that sending off an incomplete AOS package doesn't mean you have a properly filed AOS package according to USCIS.

Rene

jeffreyhy

All I-485 applications get transferred to the NBC. The Chicago lockbox only deposits the payment and gives the submission a cursory review as it assembles the documents into a case file. The NBC is where the submission will get its first substantive review.

Regards, JEff

fred22

Our attorney has told us they will attend the interview with us but only to answer questions about the filing of our application, if any arise. They say they will not speak on our behalf. Is this correct?

fred22

Does anyone know what actually happens when one of these cases (aos from vwp) is denied? Our attorney says they aren't able to tell us as they have never had a client denied in these circumstances. They say the regulations don’t specify how quickly you would need to leave, saying only that the removal would be “on the first available means of transportation to the alien’s point of embarkation to the US.” It would be helpful to know if a person is expected to go directly to the airport, for example, or if they are given notice of a date by which they need to have left the country.

Noorah101

If your attorney says that's what they will do, then that must be correct for that attorney. In general, you and your spouse must be the ones to answer the questions, correct. The lawyer is there to stop you from answering something that he feels the Officer shouldn't be asking, a question that could be incriminating, or to ask the Officer to rephrase the question, etc. I have never been in one of these types of interviews with an immigration attorney, but from what I've read on here, that's the impression I get.

Rene

Noorah101

I also haven't seen many that have gotten denied. My understanding, though, is that they can take you into custody right there at the interview, and make sure that you do get on the next flight out. I get the feeling that the people who end up getting denied, don't come back on BE to post the outcome.

Rene

ian-mstm

We weren't at the meeting... how can we possibly know whether or not that's true?

Ian

ian-mstm

If AOS is denied, you will be taken into custody at the interview and put on the first flight back to your home country. You won't get a chance to pack a bag.

Ian

jeffreyhy

If that's what your attorney told you they would do, it must be correct - for that attorney. Other attornies might do something different, if they are allowed to by the case officer who is conducting the interview.

As I recall the AFM (Adjudicators Field Manual) has a section about the role of the attorney at an interview.

Regards, JEff

fred22

OK, thanks